Bonum Certa Men Certa

Why Paul Allen (Interval Patent Troll) Targets Companies That Do Not Cross-license With (or Pay) Microsoft

Longbow targets



Summary: A patchy pattern is spotted by Techrights -- a pattern wherein companies that are trolled for big cash by Microsoft's co-founder are actually not paying Microsoft for patents

PAUL ALLEN'S case against (almost) the whole industry is an important subject which we will watch closely. Allen is not alone among Microsoft executives who become well-funded patent trolls. Other examples include Nathan Myhrvold and Bill Gates.



Allen's professional transformation into a patent troll has already produced at least one cartoon. "Paul Allen will not be able to attack Microsoft or anyone else with agreements due to his prior contracts with Microsoft so it's basically off limits," explained to us Oiaohm last night (morning time in Australia where he lives).

"[W]hile this is perhaps true," argued FurnaceBoy from Canada, "it should not head off some examination of the incestuous intertwined strategies here."

FurnaceBoy then spells out three letters: "S. C. O."

This is a discussion that came about since one of our readers posted the following comment yesterday, pointing out that (almost) none of the companies which Allen sued cross-licenses with Microsoft and they are all US-based, i.e. susceptible to software patents. The commenter says:

“Paul Allen will not be able to attack Microsoft or anyone else with agreements due to his prior contracts with Microsoft so it's basically off limits”
      --Oiaohm
"IBM have a deal, and it is not sued by Allen. Oracle has a deal because Sun had. Samsung has Microsoft deal.... HP too (they are even managed by Microsofties). VMware is managed by Microsofties, but I don't think it has a patent deal, Red Hat is protected by the OIN and probably Allen don't have a patent that might hit them. Canonical too, and it is too small fish... and Canonical helps Microsoft with Mono.

"HTC has Microsoft deal....

"I think there is some other common denominator we are missing. He didn't sue exactly every Microsoft competitor that is not paying privilege to Microsoft. What else those companies have in common? Maybe the fact they are all into Cloud Computing. Maybe they all use FOSS in some part of their infrastructure, or they depend on Microsoft and still use some competing technology."

Based on another new post from a pro-Linux site ("Apple and open source forced to team up"):

Microsoft is in violation of these patents just the same as the companies that Paul Allen is suing. Interestingly he has not chosen to sue the company that he helped to build. Most of his targets are companies that use open source technology with Apple being one of the few exceptions.


Speaking of Apple, it carries on suing Linux and patenting more and more things (this time stack circuits [1, 2]).

Steven J. Vaughan-Nichols (SJVN) asks, "What does Paul Allen think he's doing!? Besides keeping patent lawyers employed & trying to make a few more billions?"

David Postman, a spokesman for Allen, said that Interval Research was a "groundbreaking contributor" to the development of the commercial Internet and that the patents are fundamental to the ways leading e-commerce and search companies continue to operate." I say this is nonsense.

I am not a lawyer, but I have used the Web almost since day one and I was using the Internet for more than a decade before the Web ever showed up. I've read these patents and they all scream prior art to me.

I think the patents that Oracle is using against Google are weak, but with our fouled up patent legal system in the U.S. they may hold up. I can't imagine Allen's patents holding up.

That aside, I don't understand why Allen is launching these patent attacks.

[...]

But, as to what Allen is doing ... I don't have a clue. Again, he has more riches than many countries. Microsoft surely didn't want him to do it.

I think Microsoft will be the ones closest to him to suffer. If I were a multi-billion-dollar company, I'd be tempted to use my own patent arsenal on the source of Allen's wealth: Microsoft. Surely he doesn't want that. No one in big business, except patent trolls, would.


TechDirt believes (or thinks out loud) that "Paul Allen's Patent Madness [May Be] Really An Attempt To Show The Madness Of Patents" and "[o]ne of the Allen patent has 129 claims," points out Jan Wildeboer (Red Hat), who shows this software patent. The abstract starts as follows:

The invention facilitates and enhances review of a body of information (that can be represented by a set of audio data, video data, text data or some combination of the three), enabling the body of information to be quickly reviewed to obtain an overview of the content of the body of information and allowing flexibility in the manner in which the body of information is reviewed.


Microsoft Florian, a .NET developer and defender of Microsoft's patent aggression, has been confronting Wildeboer over at Twitter. "He [Florian] supports patent Microsoft patent troll on his blog, that is smoking gun," writes gnufreex. Anyway, here is the exchange from Twitter:

[16:33] [Notice] -TRT to #techrights- [jwildeboer] Once we fought side by side against #swpat, but now it seems Florian has moved to the dark side. http://is.gd/eLFzN

[16:33] [Notice] -TRT to #techrights- [fosspatents [Microsoft Florian]] @jwildeboer No dark side. Those defendants want same patent system as plaintiff, and it's important to interpret eBay vs. MercExchange.

[16:33] [Notice] -TRT to #techrights- [jwildeboer] @FOSSpatents Allen has enough money already, your arument he is looking for "recognition" iis #fail. Why didn't he sue MSFT?

[16:33] [Notice] -TRT to #techrights- [fosspatents] @jwildeboer I connected recognition to not wanting to be called a troll. Re. Microsoft, I don't know. Maybe they did a license deal?

Separately, Wildeboer shows that Patent WatchTroll, a patent lawyer and thus an aggressive proponent of software patents, validates Paul Allen's status as a patent troll. Patent WatchTroll says that "it seems to me that Mr. Allen is attempting to enter the deep, dark world of patent trolls" and "[i]f I were one of the defendants I would file a motion to dismiss for failure to state a claim" (the full post can be found here). It also says: [via Wildeboer]

[C]olor me cynical about Interval Research’s decision to sue all major tech players other than Microsoft, the company that Allen co-founded with Gates.


When even a patent lawyer who is strongly for software patents calls Allen a "patent troll" (or refers to him as such), then who could possibly dispute this other than peripheral Microsoft PR bots such as Ed Bought [sic]? ⬆

Comments

Recent Techrights' Posts

Gemini Links 28/10/2026: BaseFree Numerical System, Tolino Vision 2, and More
Links for the day
Intercontinental Brigading - Part XVIII - Microsoft is Not the Victim (It Was Never the Victim), It's Just DARVO
"DARVO is now in the dictionary. That’s a win for abuse survivors"
Intercontinental Brigading - Part XVII - The Relevance of Silent Layoffs at Microsoft
"Economic Crime and Corporate Transparency Act: strategic lawsuits against public participation (SLAPPs)"
 
The Cyber Show on Plagiarism (BS Artists) and Fear of GNU/Linux Users
Take a look at these articles
"EVENTS" as Paid Spam (Marketing) at The Register MS
Now that layoffs are "buyouts" and debt is "credit" (or "investment" in slop) why not call spam "event"?
Just Jealous
LLMs vs Developers
The Need for Operating System Kernels That Forbid LLM Slop
Not even OpenBSD is an alternative to Linux slop
Links 27/10/2026: "Why My Dad Didn’t Have a Cell Phone" and Sudan Famine Risk
Links for the day
Links 27/10/2026: Google Increases Spying on Online Everything (Personal Files, Mail), Anthropic Takes Its Losses and Debt Public
Links for the day
The British Economy Too Dependent on an American Slop Scheme
United States Government debt will soon eclipse 40.5 trillion dollars
We've Already Begun Work on the 20th Year of Techrights
We'll do a yearlong endeavour of improvement instead of a one-day hurrah
Volunteers or Unpaid Developers Won't Bother Interacting With Mindless LLMs That Pass Labour From Lazy Companies to Human Beings
The people who run Debian are killing the will to do Free software
Slop is Killing the Open Web
The Web is a jungle and "open sites" (without restrictions or walls) are exposed to the 'feeding frenzy' of reckless plagiarists who call their "theft" something like "super intelligence" or "training"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 26, 2026
IRC logs for Monday, October 26, 2026
As Microsoft Tells Close to 30% of Its Staff to Leave IBM Takes Notes
IBM does the same with PIPs
It's Perfectly Possible That Microsoft Has Just Told Most of Its American Workers to Leave
A better news headline might focus on the US and give a figure like 50%, not "quarter"
Richard Stallman Was Right About "Hey Hi"
Now the chicken come home to roost
Gemini Links 27/10/2026: "To Change or Not To Change?" and "Initial Planner Plans"
Links for the day
Intercontinental Brigading - Part XVI - The Faustian Pact That Irritates Hired Guns is Still a Distraction From the Serious Harm Done by Their Clients to GNU/Linux Users (Notably Plagiarism and Back Doors)
We'd rather talk about the harms caused
Links 26/10/2026: Microsoft Chaffbot "Building Detailed Psychological Profiles of Its Users", Man Executed for Childhood Offenses
Links for the day
Gemini Links 26/10/2026: Writing Down Dreams and "Sabbath as Resistance"
Links for the day
The Register MS Gets Rid of Disclosures About Paid-for Spam Regarding "AI", It Also Composes Fake News for the Sponsors
Selling away its credibility is known as "Sellout"
Microsoft 'Buyouts' Sound Just Like 60,000 Layoffs of 'Expensive' or More Experienced Staff ('Soft' Layoffs or Even Worse, Negligible Severance)
This is not a "gift" to staff, it's just a pink slip with a hundred dollar bill attached to it
This is How Microsoft Ends (Over a Quarter of the Company Now on the Chopping Block)
Microsoft has quit pretending
Search Without Encryption for Legacy Systems (Permacomputing) and Full Backward Compatibility
At your own risk
Shift to the Lula (Left)
Lula is a friend of Free software and ODF
More Stories and Material Than We Can Publish
We're gaining or have amassed material faster than we manage to publish
European Patent Office Takes From the Poor to Give More to the Rich
The "pension schemes are overfunded at 120.5%"
Intercontinental Brigading - Part XV - Annualised Consequences for Opposing Microsoft Back Doors in Linux Since 2012
a roundup of what we got from GGG
Links 26/10/2026: China’s Communist Party Plenum and Aleksandar Vucic Concedes Defeat
Links for the day
In Reporting, Timing is Everything
If you keep calling people "paedophiles" when you yourself are connected to paedophiles (or are a paedophile), you're attracting a lot of unwanted attention to yourself
Links 25/10/2026: Microsoft Layoffs and Cuts, Luiz Inácio Lula da Silva Wins Election
Links for the day
Gemini Links 26/10/2026: Brazilian Politics and Leaving Bear Blog
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 25, 2026
IRC logs for Sunday, October 25, 2026
Another Form of Microsoft Silent Layoffs: Workers That 'Expire'
When the media becomes a lapdog, not a watchdog, false narratives gain traction
Carte Blanche for GPL Violations 4 Days Ago (by Torvalds)
Slop disclosure is no longer required for the Linux Kernel
There Are No Women That Are Kernel Developers Sent by Corporations Which Claim to Champion Diversity
As noted the other day
Sites with "Linux" in Their Name Cannot Slop and Retain Readers
if they write about "linux "(or "Linux") using LLMs they will be caught, then shunned
At Microsoft, the Silent Layoffs Impact Executives Also
Microsoft hid the real story of Helen Chiang
Linus Torvalds Defected to Enshittification
Linus Torvalds is betraying a generation of high(er) standards
Links 25/10/2026: TMZ Revisits Epstein's Connections to Bill Epsteingate, "Italy Hit by New Cost of Living Protests"
Links for the day
Microsoft’s Spin About Mass Layoffs and Shutdowns: They "Never Should Have Existed"
Microsoft-sponsored spin
It's Slop
Maybe we'll exclude It's Slop from our curation. It's a Linux Foundation outpost of sorts, an apologist of sloppy code and plagiarism.
Intercontinental Brigading - Part XIV - Six Years of Learning Irish, But the Real Issue Was Microsoft-controlled 'Secure' (Restricted) Boot
Had I not opposed back doors in Linux, not of this would come about
Gemini Links 25/10/2026: Moana (2026) and OpenBSD Updates
Links for the day
The Netherlands Fast to Adopt GNU/Linux, "Market Share" Rises to Two-Digit Value (on Desktops/Laptops)
It peaked at around 20% yesterday
DST Still Needs to Get Abolished
Get rid of DST, efficiency will improve and systems will become more reliable
PHP2Shell as Paid-for FUD Campaign (Intended to Help Sell Slop and Fake "Market Value" of Slop Pushers)
PHP2Shell considered overhyped [...] Remember all the paid-for hype regarding Mythos? What happened to all that?
Microsoft Sort of Tried to Sell XBox Piecewise (Offloading Microsoft)
XBox is in a morbid state
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 24, 2026
IRC logs for Saturday, October 24, 2026